ACLU Says Specter Substitution Misses the Mark in FISA Debate

Washington, DC – The American Civil Liberties Union today urged the Senate
Judiciary Committee to thoroughly scrutinize a new bill offered by ranking
member Senator Specter (R-PA). Senator Specter’s bill, the FISA Intelligence
Surveillance Substitution Act of 2007, would remove the telecommunications
companies and insert the federal government as the defendant in cases currently
pending over domestic spying. The bill will be marked up by the full Judiciary
Committee this Thursday.

The following can be attributed to Caroline Fredrickson, director of the ACLU
Washington Legislative Office:

"Letting the administration step in as the defendant in these cases may
prevent a public airing of the facts. Three daunting hurdles could derail these
cases if the administration steps in as the defendant – state secrets, executive
privilege and sovereign immunity. Unless something is done to ensure that these
defenses cannot be used to shut down these legitimate and crucial lawsuits,
substitution is just immunity in sheep’s clothing.

"This substitution proposal does not put up a roadblock to immunity - it just
lengthens the journey. Since the revelation of this program in 2005, the
American people have been waiting for an answer to why government and the
telecoms violated our privacy. We’ve waited too long. We deserve our day in
court."